Section 504 of The Rehabilitation Act of 1973, is a federal statute that prohibits discrimination against persons on the basis of their disability or impairment by institutions, that receive federal assistance.

If a student is covered by Section 504, the district must provide such accommodations as are necessary to ensure the student has equal access to services, programs or activities offered by the school.

Purpose is to provide fairness and equal access to education and is NOT designed to enhance a student’s performance.

Institutions failing to uphold the protections of Section 504 are subject be reviewed by the Office of Civil Rights.

What is Section 504?

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Section 504 - Overview

SCHOOL FOCUS

COMMUNITY FOCUS

STUDENT FOCUS

Americans with

Disabilities Act

Section 504

IDEA

It should be noted that students who qualify for

special education services would also qualify

for Section 504;

However, a 504 Plan is not necessary because

the Individualized Education Plan (IEP) must

include the needed accommodations.

Need for Both IDEA and 504?

504 – Age & Setting

1. Section 504 protections extend for a lifetime

and

2. apply to schools and the full scope of

community environments receiving federal

funding (such as work and access to public

facilities).

Compare to IDEA…..

Application of 504

Procedural Regulation

-Section 504 is general in its application

and is not highly regulated, as it is not designed

for programming purposes but to prevent

discrimination.

Compare to IDEA……

8 components.

Review the Handout

Procedural Requirements for Schools

Must have written parent consent for initial evaluation.

“Evaluation” does not necessarily mean “test”.

Evaluation refers to a gathering of data:

Parent

Medical Provider

Teacher(s)

School Nurse

Counselor

Based on this information the team answers the three questions to determine eligibility.

Identification for 504 Protections

1. Does the student have a physical or mental

impairment?

2. Does the impairment effect one or more major life

activities?

3. Is the effect substantial? (What is meant by substantial?)

In order to be eligible for a 504 plan the answers to all

three must be yes.

504 evaluation questions

Compare to IDEA……

No medical diagnosis is required

BUT

If the team determines a medical assessment is

necessary in order to determine if the student has

a disability – then it must be done at no cost to

the parent. (Parents may choose to use their own

resources but if they can’t the school must pay)

Mental or Physical Impairment?

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List of Major Life Activities

Major life activities, include functions such as:

caring for one's self, performing manual tasks, walking, seeing,

hearing, speaking, breathing, learning, and working.

General activities that are major life activities including:

eating, sleeping, standing, lifting, bending, reading,

concentrating, thinking, and communicating.

“Major bodily functions” that are major life activities:

functions of the immune system, normal cell growth, digestive,

bowel, bladder, neurological, brain, respiratory, circulatory,

endocrine, and reproductive functions.

These lists are NOT exhaustive, but given as examples.

Consider all major life activities, not just

“learning”

Example: A student with bone cancer – the

impairment did not affect learning but affects

his ability to walk, climb stairs, participate in

PE, attend field trips and walk to school. Does

this student qualify for a 504 Plan?

Major Life Activity

Shall be made without regard to the positive affects of mitigating measures such as:

– Medication, medical supplies/equipment, prosthetics, hearing aides or cochlear implants, mobility devices, low vision devices (which do not include eyeglasses or contact lenses)

– Use of assistive technology

– Reasonable accommodations or auxiliary aides and services

– Learned behavioral or adaptive neurological modifications

Mitigating Measures

How would the student perform without the

intervention/accommodation (mitigating measure )?

If the answer is: the student would be substantially limited –

then the student would be eligible for a 504 Accommodation

Plan.

Example: Gwen has severe ADHD who performs well on

medication with no problems at school. Without medication,

Gwen gets into fights daily and cannot concentrate to do

school work. Does she qualify?

The student with bone cancer, the cancer is in remission.

Does the student qualify for a 504?

Questions?

Must have a substantial limitation for an

extended period of time (6 months or more) in

order to constitute a disability.

Impairments that are episodic or in remission

constitute a disability if the condition would

substantially impair a major life activity when

active. Have a 504 Plan in place for when the

condition is active.

Temporary Impairment

Possible 504 Forms - Identification

Referral

504 Parent Input

Consent to Evaluate

Release of Confidential Information

Notice to Review Evaluation Results

Identification Form 504

Rights and Procedural Protections

What is it?

A (written) plan that lists the necessary accommodations to minimize the impact of the impairment. The goal is to level the playing field and grant equal access ensuring there is not discrimination.

Accommodations

504 Plan Development

Who creates it?

The TEAM includes people knowledgeable of the student and their needs.

504 Coordinator

Teacher

Parent

Consider all school environments (bus, cafeteria, playground, field trips)

504 Plan Development

At least once a year

If the impairment changes significantly

If classes are changed or added that may have an impact on the Plan’s appropriateness/effectiveness

Before transitions (Elementary to middle school, middle school to High School)

When student moves in with existing plan

504 Plan Review and/or Updates

Parent Invitation

Accommodations Plan

Plan Review

Possible 504 Forms - Plan

Manifestation Determination Worksheet

Grievance Form

Summary of Performance – Wrights Law

Supplemental Forms

Any student with a Health Care Plan may also

qualify for a 504 plan.

They are entitled to a 504 evaluation.

The 504 Plan may state, “See Individual Health

Care Plan”. (This will allow for changes on an

“as needed” basis.)

Health Care Plans?